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formed, the said authority and select-men shall, at their May post such discretion, cause the name of such person to be posted on persons as do the several sign-posts in such town, by a certificate under not reform.
their hands, thereby forbidding all persons to sell any
aforesaid, or aiding or assisting as aforesaid, shall, for evPenalty of ten ery such offence, forfeit and pay the sum of ten dollars, to dollars on per- the treasury of the town to which such posted person shall cure liquor,&c. belong, unless the person or persons selling or procuring, unless, &c. or aiding or assisting as aforesaid, shall have permission
therefor, in writing, subscribed by one of said authority Justice of
or select-men, therein specifying the quantity permitted peace to hear and determine, to be sold ; and any one justice of the peace may hear without ap
and determine all breaches of this act; and no appeal peal.
shall be allowed in any such case.
therefor, entered into by such posted person, with any
TITLE 55. Jurymen.
An Act prescribing the number of Jurymen for
each town in this State.
E it enacted by the Senate and House of Rep-
resentatives, in General Assembly convened,
regulation of civil actions," and for the purposes there
in mentioned, the number of jurymen to each town Hartford coun- here annexed, to wit: Hartford, fifteen ; Berlin, twelve; ty.
Bristol, six; Burlington, six ; Canton, six; East-Hartford,
Cheshire, twenty ; Derby, twelve ; East-Haven, eight;
dlebury, eight ; Milford, twenty ; North-Haven, eight; Oxford, eight; Southbury, twelve; Wallingford, twenty ; Waterbury, twelve; Wolcott, eight ; Woodbridge, twelve.
SECT. 3. New-London, fifteen ; Norwich, fifteen ; Boz. New-London rah, six; Colchester, fifteen; Franklin, eight; Griswold, county. eight; Groton, sixteen; Lisbon, eight; Lyme, twenty; Montville, eight; North-Stonington, ten; Preston, ten; Stonington, twelve ; Salem, five; Waterford, six.
SECT. 4. Fairfield, thirteen; Danbury, twelve ; Bridge- Fairfield port, nine ; Brookfield, six ; Darien, five; Greenwich, county, ten; Huntington, nine ; New-Canaan, eight; New-Fair field, eight; Newtown, twelve ; Norwalk, twelve ; Redding, ten ; Ridgefield, ten; Sherman, five ; Stamford, ten; Stratford, nine ; Trumbull, five; Weston, eight; Wilton, six.
sect. 5. Brooklyn, eight; Ashford, twelve ; Canter- Windham bury, twelve; Columbia, five ; Hampton, eight; Killing- county. ly, eight; Lebanon, twelve; Mansfield, twelve; Plainfield, twelve ; Pomfret, ten ; Sterling, seven; Thompson, seven; Voluntown, seven ; Windham, twelve ; Woodstock, eight.
SECT. 6. Litchfield, fourteen ; Barkhampsted, seven ; Litchfield Bethlebem, seven; Canaan, ten; Colebrook, seven; Corn- county. wall, ten ; Goshen, ten ; Harwinton, eight; Kent, six ; New-Hartford, eight ; New-Milford, twelve ; Norfolk, eight; Plymouth, seven ; Roxbury, seven ; Salisbury, ten ; Sharon, ten ; Torrington, eight ; Warren, seven ; Washington, eight ; Watertown, seven ; Winchester, seven; Woodbury, ten.
SECT. 7. Middletown, twenty-eight; Haddam, seven- Middlesex teen ; Chatham, seventeen ; Durham, twelve; East-Had- county. dam, twenty; Killingworth, seventeen ; Saybrook, twenty. SECT. 8. Tolland, fourteen ; Bolton, eight; Coventry,
county. twelve ; Ellington, ten ; . Hebron, twelve ; Somers, twelve ; Stafford, twelve ; Union, eight; Vernon, eight; Willington, twelve.
TITLE 56. Lands.
An Act concerning Lands.
the United States, the citizens of this state became
E it therefore declared, by the Senate and SECT. 1.
Allodial propHouse of Representatives, in General As- erty in lands.
sembly convened, That every proprietor, in fee-simple, of lands, has an absolute and direct dominion and property in the same.(1)
(1) On the discovery of America, a prin ministration of the goods and chattels to ciple was adopted among the nations of the next of kin, jointly or severally ; and Europe, that the territory belonged to the divide the estate to the wife, if any be, and sovereign of the nation to whom the dis children or kindred, according to law; and coverer belonged. As North-America was for want of law, according to the rules of discovered by a subject of the king of Eng- righteousness and equity. land, that crown claimed a right to the In the revision of 1702, there was a country. James II. made a grant to the statute, which enacted, that where a person Plymouth Company, of that part which died intestate, one third of his personal comprehended New-England. Connecticut estate should go to his wife forever, and one was settled under a right derived from that third of his lands for life ; and the residue company, and the title was comtirmed, by be divided among his children, and their the charter of Charles II. in 1662. The legal representatives, in equal shares, exgovernment made grants to towns, and in- cepting that the eldest son should be entidividuals ; and charters were given to the tled to a double portion ; and where there respective towns, under which the lands were no children, one half of the personal have been holden. Our ancestors, however, estate should go to the wife forever, and one never claimed an absolute right, in virtue third of the lands for life ; and the residue of the royal grant, but merely a right of to be equally divided among the next of kin, pre-emption, and never considered the title in equal degree, and their legal representato be complete, till they had acquired the tives ; but no representatives to be admitnative right of the aborigines. This they ted among collaterals after brothers' and effected by purchase, to nearly the whole sisters' children. This provision was copiof Connecticut; and they never claimed a ed from the 22 and 23 Charles II. called right by conquest, except to a small por the statute of distributions, excepting that tion taken from the Pequot nation. The part which gave to the eldest son a double tenure, by the charter, was declared to be portion, which was copied from the law of free and common socage ; and the only Moses. condition was, the payment of one fifth In 1727, a distinction was made bepart of the ore of gold and silver, that tween ancestral and purchased estate ; should be obtained. In 1672, an act was pas and a provision was made, that the whole sed, declaring that the lands, granted by the blood should be preferred to the half blood, general assembly, to towns or particular in equal degree ; but that the half blood in persons, should be holden according to the a nearer degree, should be preferred. This most free tenure of East-Greenwich, in the act was omitted in the revision of 1750, county of Kent, in the realm of England, and no distinction was then made between according to the charter. This tenure con ancestral and purchased estate, and nothtinued during our connexion with the ing was said respecting whole or half blood. British empire ; but on our becoming inde But in the revision of 1784, a distinction is pendent of that government, the tenure made between estates by purchase, and ceased to be feudal, and the title became estates derived by descent, gift, or devise strictly allodial, as it in effect ever had from some kindred ; the object of which been ; and it was accordingly so declared, was, to give ancestral estate to the next of by statute, in 1793.
kin, of the blood of the ancestor from whom In connexion with this subject, it may the estate came ; and estates by purchase, be proper to subjoin the following remarks, were to go to the next of kin of the intesprepared for the title Estates, and omitted tate, preferring the half blood to relations of in that place, by accident.
a remoter degree, and parents, on failure of The first settlers of this country did not brothers and sisters, or their representaadopt the rules of the common law with re tives, of the whole blood, to remoter relaspect to the descent of real estate, the most tions. In 1792, the law giving the eldest distinguished characteristic of which was son a double portion was repealed; and in primogeniture. In the revision of 1672, 1806, an act was passed, directing more there is a statute, ordering, that where any particularly, and in a manner somewhat person dieth intestate, the select-men shall different, the mode of descent of ancestral cause an inventory to be taken, and exhib estate : and the rules of descent became as ited into the next county court in that they now are, except that the clause decounty ; which court shall grant the ad- claring there should be no representatives
SECT. 2. Be it enacted, That the patents of grants of Patents of
lands from land to the several towns, and to individuals, from the
general assemgeneral assembly of the colony of Connecticut, pursuant bly of the colto the charter of Charles II. shall be sufficient evidence ony of Confor such towns and individuals to hold the same, to them, necticut, their heirs, successors and assigns, forever. sect. 3. All lands, tenements, or other estates, that
Lands given have been, or shall be, given or granted, by the general for public uses, assembly, or any town, or particular person, for the main. to remain to tenance of the ministry of the gospel, or schools of learn- such uses. ing, or for the relief of the poor, or for any other public and charitable use, shall forever remain and be continued to the uses to which they have been or shall be given or granted, according to the true intent and meaning of the grantor, and to no other use whatever.
sect. 4. No estate in fee-simple, fee-tail, or any less Limitation of estate, shall be given, by deed or will, to any person or estates to pre
vent perpetupersons, but such as are in being, or to the immediate is- ities. sue or descendants of such as are in being, at the time of making such deed or will; and every estate, given in feetail, shall be and remain an absolute estate, in fee-simple, to the issue of the first donee in tail.(2)
sect. 5. And all grants or devises of an estate in lands, The rule in to any person for life, and then to his heirs, shall be only Shelley's case,
abrogated. an estate for life in the grantee or devisee.(3) All col. Collateral lateral warranties of lands, made by any ancestor, who warranties had no estate of inheritance in the same, at the time of of land, in
what case making such warranty, shall be void, as against his void. heirs.(4) No alien, or person who is not a citizen or in- Incapacity of habitant of this, or any of the United States, shall be ca- aliens to hold pable of purchasing or holding any lands within the state, without special licence from the general assembly.
SECT. 6. All grants, bargains, and mortgages of lands, shall be in writing, subscribed by the grantor, with his
among collaterals after brothers and sis (3) By the celebrated rule in Shelley's ters' children, is changed to a provision, case, a grant or devise of lands to a man for that there shall be no representatives after life, and then to his heirs, or the heirs of his the representatives of brothers and sisters ; body, created an estate in fee-simple, or by which the grand-children of brothers fee-tail. As this rule, in almost every inand sisters are placed on the same footing stance, defeats the intent of the grantor or as children, and will inherit, in preference devisor, this provision has been made to abto the uncles of the intestate. Our law has rogate it. made three material alterations in the com (4) By the common law, a collateral mon law of descent. It has abolished the warranty of lands, without assets, was right of primogeniture ; it permits pur- » binding on the heir: as, if tenant by the chased estates to ascend to parents ; and curtesy should alien the land, with war: gives to the half blood a preference to re ranty, and die leaving no estate, the chillations in a remoter degree.
dren of the wife, to whom the land belong(2) This was introduced at the revision ed, would be defeated of the estate of their of 1784, and is conformable to principles mother. A rule so unjust has been abrowhich had been previously established by gated by statute, in England; and is now the courts.
abrogated, in this state.
Requisites to own hand or mark, unto which mark his name shall be validity of a annexed, and also attested by two witnesses, with their own deed.
bands or marks, unto which marks their names shall be annexed : or the name of the grantor shall be subscribed to such grant, by his lawfulattorney, authorized by a written power, for that special purpose, duly executed and acknowledged, in such manner as is herein prescribed in case of deeds ; and such subscribing of the name of the
grantor, shall be attested by two witnesses. Deeds to be
SECT. 7. All grants, and deeds of bargain and sale, and acknowledged, before
mortgages, of houses and lands, shall be acknowledged, whom. by the grantor or grantors, to be his or their free act and
deed, before a justice of the peace, or before a judge of the supreme or district court of the United States, or of the supreme or superior court, or of the court of common pleas, or county court, of any individual state, or before a commissioner, or other officer, having power to take ac.
knowledgments of deeds: and all grants or deeds of real Acknowledg: estate, which have been, or shall be, acknowledged before ment of deeds such judges, shall be good and valid in law; and when executed by deeds are executed by an attorney, duly authorized, his attorney.
acknowledgment shall be sufficient. Caution, when sect. 8. And if any grantor, being required by the and how to be grantee, his heirs or assigns, to make acknowledgment of cntered.
any grant, or deed of bargain and sale, or mortgage, by him executed, shall refuse to acknowledge the same, then such grantee, his heirs and assigns, may enter caution upon such houses or lands as are to him granted, sold, bargained or mortgaged, with the town-clerk or register, where such houses and lands are situated, by leaving with him a copy of the deed or deeds of the same, with a claim of title in virtue thereof, which caution shall se. cure the interest of the grantee till a legal trial has been had; and the judgment of the court being delivered to the register, under the hand of the clerk of the county, where the same was tried, shall be his warrant to record such deed, though the grantor shall refuse to acknowledge the same, and such deed shall have the same effect as if acknowledged. And no grant or deed of land shall be valid, unless written, subscribed, witnessed and acknowl
edged as aforesaid. Deeds to be SECT. 9. All grants, and deeds of bargain and sale, recorded.
and mortgages, of houses and lands, shall be recorded at length, by the register or town-clerk, where such lands and houses lie; and no deed shall be accounted good and effectual to hold such houses and lands, against any other person or persons but the grantor or grantors, and their heirs only, unless recorded as aforesaid. And the register or town-clerk, shall, on the receipt of any grant or